The Queen v. Cheung Shui Wah

HCMA000083/1996

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL No.83 of 1996

------------------

------------------

Coram : Hon Duffy, J. in Court

Date of hearing : 9 February 1996

Date of handing down judgment : 15 February 1996

----------------------

J U D G M E N T

----------------------

1. This was an appeal against a conviction for careless driving. The facts were that a taxi was being driven south bound uphill along Lei Tung Estate Road. The appellant, a police sergeant, was driving a government vehicle in the opposite direction downhill. There is a bend in the road and the carriageways are separated by continuous double white lines. It was the taxi driver's contention that the appellant drove his vehicle across the double white lines and caused it to collide in a minor way with his vehicle. The appellant gave evidence denying that this was the position, and accusing the taxi driver of having crossed the double white lines.

2. This, therefore, was a one on one situation. If anything, the probability was that it was the taxi driver who crossed the double white lines and not the appellant. However, the point in the appeal is simply this, that once again I have to say that this Magistrate has not given sufficient reasons for her findings. It is simply not enough to say "I accepted the evidence of Prosecution Witnesses and rejected what the Appellant said". Reasons must be given for coming to these findings. As none were given here, I had to allow the appeal.

Representation:

Mr Wesley W.C. Wong, S.C.C., for Crown

Appellant Cheung Shui Wah in person